Frequently Asked Questions
For the purposes of this section, “adult” means a person 21 years of age or older.
If the initiative passes, when will I be able to buy marijuana from a retail marijuana store?
After passage, an entire regulatory framework must be developed before application and licensing processes can begin. Based on deadlines established in the initiative, retail marijuana stores should open some time in 2018. This estimate will become more precise once regulations are available.
If I am 21 years of age or older, will I be able to grow marijuana for personal use?
It depends on where you plan to cultivate the plants.
An adult may cultivate up to six marijuana plants for personal use within an enclosed, secured space on private property that is more than 25 miles from the closest licensed retail marijuana store. If the adult who wants to cultivate doesn’t own the property, the owner must give consent.
Will cities and counties be able to ban marijuana establishments?
Localities may adopt zoning and land use regulations that constrain where marijuana establishments can operate. As with medical marijuana, localities may use zoning to create an effective ban.
Will the state collect the names of all adults who purchase marijuana from a licensed retail marijuana store?
No. Retail marijuana stores are not required to record personal information about consumers.
Won’t legalization make it easier for kids to access marijuana?
No, it will make youth access more difficult. The initiative aims not only to legalize marijuana, but to regulate it like alcohol. In a regulated market, marijuana will be sold by state-licensed businesses that are required to check customer IDs or risk criminal charges and loss of license. In the unregulated black market, individuals who sell marijuana don’t ask for ID. In simple terms, shifting marijuana sales to a regulated market in which ID checks are mandatory and strictly enforced will minimize youth access to marijuana.
In addition, the initiative establishes criminal penalties for underage individuals who misrepresent their age in order to purchase marijuana and for adults who give marijuana to a person under the age of 21.
Does the initiative place any restrictions on where a marijuana establishment can operate?
Yes. The Department of Taxation will not issue a license to any applicant whose proposed location is within 1,000 feet of a public or private school that provides preschool or K-12 education, or within 300 feet of a day care, youth recreational center, place of worship, or public park, playground or swimming pool. Cities, towns, and counties can impose additional restrictions.
Is Nevada residency required for owners and investors?
Do existing medical marijuana businesses get priority or some kind of advantage in licensing?
For 18 months after the Department begins to receive applications for marijuana establishments, the Department shall only accept applications for licenses for retail marijuana stores, marijuana product manufacturing facilities, and marijuana cultivation facilities from persons holding a medical marijuana establishment registration certificate.
Will there be restrictions on the number of licenses available?
The initiative only limits the number of retail marijuana store licenses; all other license types are currently unlimited. Retail marijuana store licenses are limited per county according to population size, but counties may ask to exceed the maximum number of licenses if desired. Based on U.S. Census 2014 county population estimates, there should be approximately 130 retail marijuana store licenses available in the state.
Will dual medical and recreational licensing be allowed?
Yes, it will be allowed and will actually be required initially. For the first 18 months, only registered medical marijuana businesses will be able to apply for recreational cultivation, manufacturing, and retail store licenses. The Department of Taxation will produce regulations that allow dually licensed entities to operate at the same location, under certain conditions.
Will outdoor and greenhouse cultivation be allowed?
Yes, as long as any uncovered cultivation area is enclosed with security fencing that is designed to prevent unauthorized entry and is at least 8 feet high.
What requirements must be met in order to obtain a license to run a marijuana business?
No later than 12 months after the effective date (January 1, 2017) of the initiative, the Department will adopt all regulations necessary to carry out its provisions. The regulations will include qualifications for licensure that are directly and demonstrably related to the operation of a marijuana establishment. The regulations may not prohibit the operation of marijuana establishments, either expressly or through regulations that make their operation unreasonably impracticable.